TITLE 42 - THE PUBLIC
HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES
42 U.S.C. 2000e-16.
Employment by Federal Government
(a) Discriminatory
practices prohibited; employees or applicants
for employment subject to coverage
All personnel actions affecting employees or applicants for
employment (except with regard to aliens employed outside
the
limits of the United States) in military departments as
defined in
section 102 of title 5, in executive agencies as defined in
section
105 of title 5 (including employees and applicants for
employment
who are paid from nonappropriated funds), in the United
States
Postal Service and the Postal Rate Commission, in those
units of
the Government of the District of Columbia having positions
in the
competitive service, and in those units of the judicial
branch of
the Federal Government having positions in the competitive
service,
in the Smithsonian Institution, and in the Government
Printing
Office, the General Accounting Office, and the Library of
Congress
shall be made free from any discrimination based on race,
color,
religion, sex, or national origin.
(b) Equal Employment
Opportunity Commission; enforcement powers;
issuance of rules, regulations, etc.; annual review and
approval
of national and regional equal employment opportunity plans;
review and evaluation of equal employment opportunity
programs
and publication of progress reports; consultations with
interested parties; compliance with rules, regulations,
etc.;
contents of national and regional equal employment
opportunity
plans; authority of Librarian of Congress
Except as otherwise provided in this subsection, the Equal
Employment Opportunity Commission shall have authority to
enforce
the provisions of subsection (a) of this section through
appropriate remedies, including reinstatement or hiring of
employees with or without back pay, as will effectuate the
policies
of this section, and shall issue such rules, regulations,
orders
and instructions as it deems necessary and appropriate to
carry out
its responsibilities under this section. The Equal
Employment
Opportunity Commission shall -
(1) be responsible for the annual review and approval of a
national and regional equal employment opportunity plan
which
each department and agency and each appropriate unit
referred to
in subsection (a) of this section shall submit in order to
maintain an affirmative program of equal employment
opportunity
for all such employees and applicants for employment;
(2) be responsible for the review and evaluation of the
operation of all agency equal employment opportunity
programs,
periodically obtaining and publishing (on at least a
semiannual
basis) progress reports from each such department, agency,
or
unit; and
(3) consult with and solicit the recommendations of
interested
individuals, groups, and organizations relating to equal
employment opportunity.
The head of each such
department, agency, or unit shall comply with
such rules, regulations, orders, and instructions which
shall
include a provision that an employee or applicant for
employment
shall be notified of any final action taken on any complaint
of
discrimination filed by him thereunder. The plan submitted
by each
department, agency, and unit shall include, but not be
limited to -
(1) provision for the
establishment of training and education
programs designed to provide a maximum opportunity for
employees
to advance so as to perform at their highest potential; and
(2) a description of the qualifications in terms of training
and experience relating to equal employment opportunity for
the
principal and operating officials of each such department,
agency, or unit responsible for carrying out the equal
employment
opportunity program and of the allocation of personnel and
resources proposed by such department, agency, or unit to
carry
out its equal employment opportunity program.
With respect to employment
in the Library of Congress, authorities
granted in this subsection to the Equal Employment
Opportunity
Commission shall be exercised by the Librarian of Congress.
(c) Civil action by
employee or applicant for employment for
redress of grievances; time for bringing of action; head of
department, agency, or unit as defendant
Within 90 days of receipt of notice of final action taken by
a
department, agency, or unit referred to in subsection (a) of
this
section, or by the Equal Employment Opportunity Commission
upon an
appeal from a decision or order of such department, agency,
or unit
on a complaint of discrimination based on race, color,
religion,
sex or national origin, brought pursuant to subsection (a)
of this
section, Executive Order 11478 or any succeeding Executive
orders,
or after one hundred and eighty days from the filing of the
initial
charge with the department, agency, or unit or with the
Equal
Employment Opportunity Commission on appeal from a decision
or
order of such department, agency, or unit until such time as
final
action may be taken by a department, agency, or unit, an
employee
or applicant for employment, if aggrieved by the final
disposition
of his complaint, or by the failure to take final action on
his
complaint, may file a civil action as provided in section
2000e-5
of this title, in which civil action the head of the
department,
agency, or unit, as appropriate, shall be the defendant.
(d) Section 2000e-5(f)
through (k) of this title applicable to
civil actions
The provisions of section 2000e-5(f) through (k) of this
title,
as applicable, shall govern civil actions brought hereunder,
and
the same interest to compensate for delay in payment shall
be
available as in cases involving nonpublic parties.
(e) Government agency or
official not relieved of responsibility to
assure nondiscrimination in employment or equal employment
opportunity
Nothing contained in this Act shall relieve any Government
agency
or official of its or his primary responsibility to assure
nondiscrimination in employment as required by the
Constitution and
statutes or of its or his responsibilities under Executive
Order
11478 relating to equal employment opportunity in the
Federal
Government.
-SOURCE-
(Pub. L. 88-352, title VII, Sec. 717, as added Pub. L.
92-261, Sec.
11, Mar. 24, 1972, 86 Stat. 111; amended 1978 Reorg. Plan
No. 1,
Sec. 3, eff. Jan. 1, 1979, 43 F.R. 19807, 92 Stat. 3781;
Pub. L.
96-191, Sec. 8(g), Feb. 15, 1980, 94 Stat. 34; Pub. L.
102-166,
title I, Sec. 114, Nov. 21, 1991, 105 Stat. 1079; Pub. L.
104-1,
title II, Sec. 201(c)(1), Jan. 23, 1995, 109 Stat. 8; Pub.
L.
105-220, title III, Sec. 341(a), Aug. 7, 1998, 112 Stat.
1092.)
